Page images



We have pleasure in publishing the following list of those who have subscribed for Life Membership in The Canadian Bar Association. The list includes all who have subscribed before April 30, 1923.

At the last Annual Meeting of the Association, it was decided that the moneys received for Life Memberships should be invested and the income devoted to the maintenance of THE CANADIAN BAR REVIEW, if it should develop that the subscription and advertising revenue of the REVIEW will be insufficient to cover the expenses. Owing to the low price at which the Review is being supplied to the members, it is obvious that, during the first year or two at least, it will probably be necessary to depend in some considerable degree on the income from Life Memberships to avoid imposing any deficit on the Association. The Council, therefore, is making an energetic effort to greatly extend the list, and will welcome all subscriptions which may be made. The Life Membership fee is $100.00, but several members have manifested their interest in the Association and in the REVIEW by contributing in excess of that sum.

Aikins, His Honour Sir James, K.C., LL.D., Winnipeg.
Atwater, Hon. A. W., K.C., Montreal.
Bain, James W., K.C., Toronto.
Baxter, Hon. John B. M., K.C., D.C.L., M.P., St. John.
Beatty, E. W., K.C., Montreal.
Bennett, Hon. R. B., K.C., LL.D., Calgary.
Biggar, O. M., K.C., Ottawa.
Borden, Rt. Hon. Sir Robert, G.C.M.G., D.C.L., LL.D., K.C.,

Crease, Lindley, K.C., Victoria.
Cross, Hon. J. A., K.C., D.S.O., Regina.
Davis, B. N., K.C., Toronto.
de Lorimier, R. G., K.C., Montreal.
Dunlap, D. A., Toronto.
Elliott, Henry, J., K.C., Montreal.
Gagné, H. J., K.C.
Gouin, Hon. Sir Lomer, K.C.M.G., K.C., M.P., Montreal.
Grayson, William, K.C., Moose Jaw.

Hellmuth, I. F., K.C., Toronto.
Henderson, G. F., K.C., Ottawa.
Holden, J. B., Toronto.
Jacobs, S. W., K.C., M.P., Montres
Jeffrey, Nicol, K.C., Guelph.
Kerr, F. D., K.C., Peterborough.
Lafleur, Eugene, K.C., D.C.L., LL.D., Montreal.
Lamothe, J. C., K.C., D.C.L., LL.D., Montreal.
Ludwig, M. H., K.C., Toronto.
MacInnes, C. S., K.C., C.M.G., Toronto.
Mackenzie, Norman, K.C., Regina.
Maclennan, Hon. Mr. Justice, Montreal.
MacMurchy, Angus, K.C., Toronto.
Mann, J. A., K.C., Montreal.
Martin, Hon. Chief Justice, Montreal.
Meredith, F. E., K.C., D.C.L., Montreal.
Montgomery, G. H., K.C., Montreal.
Morrison, Hon. Mr. Justice, Vancouver.
McInnes, Hector, K.C., Halifax.
McPhillips, L. G., K.C., Vancouver.
McWhinney, W. J., K.C., Toronto.
Nesbitt, Hon. Wallace, K.C., Toronto.
Patrick, J. A. M., K.C., Yorkton.
Pitblado, Isaac, K.C., LL.D., Winnipeg.
Ponton, W. V., K.C., Belleville.
Rogers, Hon. Mr. Justice, Halifax.
Rowell, Hon. N. W., K.C., LL.D., Toronto.
Surveyer, Hon. Mr. Justice, Montreal.
Taylor, F. R., K.C., D.C.L., St. John.
Tilley, W. N., K.C., Toronto.
Wardrope, W. H., K.C., Hamilton.
White, Rt. Hon. Sir Thomas, K.C.M.G., K.C., Toronto.
White, William R., K.C., Pembroke.


The Annual Meeting of the Manitoba Bar Association was held at the Fort Garry Hotel, Winnipeg, on February 6th, 1923. There was a large attendance at all sessions and a great degree of interest was manifested in all branches of the Association's work.

Many of the items of business dealt with, while purely of a provincial or local interest, indicated that the Association is keenly alive to its responsibilities both to the profession and to the public. Special prominence was given to the report of the Rules and Statutes Committee and to the report of the Special Committee appointed to consider suggestions for Reforms in Procedure. Both of these Committees have been actively working throughout the year and their reports were received with keen interest and appreciation. The latter Committee reported as to the steps that have been taken with respect to the expediting of trials of actions; and made important recommendations in regard to shortening times for pleadings. The Committee had considered the suggestion of the establishment of a Commercial Court, but were not prepared to recommend this at the present time. Arising out of the report of the Committee, a lengthy discussion took place concerning the proposal now before the Provincial Legislature for the abolition of the Grand Jury, and the Association adopted a resolution concurring in the recommendation that the necessity of summoning a Grand Jury at the Criminal Assizes and of presenting bills of indictment before a Grand Jury should be dispensed with, but expressing the view that the Attorney-General or a Judge of the Court of King's Bench should be authorized to summon a Grand Jury at any time he sees fit, and that the inspection of Public Institutions should be delegated to some Committee or body appointed by the Legislature.

A resolution was passed unanimously expressing appreciation of the establishment of THE CANADIAN BAR REVIEW.

At luncheon, a very eloquent address was made by the Hon. Mr. Justice Curran, of the Court of King's Bench, on the subject of “ Ethics."

The chief speaker at the Annual Dinner of the Association was the Hon. Mr. Justice Mackenzie, of the Court of King's Bench for Saskatchewan, who gave a masterly address on “ Cross

[ocr errors]

Examination.” Other speakers included His Honour the Lieutenant-Governor, Sir James Aikins, K.C., who was the first President of the Manitoba Bar Association; the Hon. W. E. Perdue, Chief Justice of Manitoba; Mr. J. P. Foley, K.C., representing the Nova Scotia Barristers' Society, and Mr. Isaac Campbell, K.C., a former President of the Association.

The President, Mr. T. A. Hunt, K.C., presided at all sessions, and was re-elected unanimously. The Council consists of representatives elected from the various Judicial Districts. For some of the vacancies, a mail ballot was taken, subsequent to the meeting. The following constitute the Council for the ensuing year: Honorary President-Hon. Chief Justice Perdue; Past Presidents-His Honour Sir James Aikins, K.C., Isaac Campbell, K.C., and E. Anderson, K.C., Winnipeg; President–T. A. Hunt, K.C., Winnipeg, and the following members: H. A. Robson, K.C., Edwin Loftus, K.C., R. F. McWilliams, K.C., H. P. Grundy, J. K. Sparling, S. J. Rothwell, K.C., H. J. Riley, E. T. Leech, C. H. Locke, R. D. Guy, P. J. Montague, Travers Sweatman, K.C., J. T. Thorson, R. B. Graham, K.C., A. C. Ferguson, H. A. Bergman, K.C., of Winnipeg; H. E. Robinson, Carman; H. E. Henderson, K.C., A. G. Buckingham, Brandon; George T. Armstrong, K.C., Manitou ; J. H. Black, Morden ; F. G. Taylor, K.C., E. G. Porter, Portage la Prairie; C. L. St. John, R. Harrison, Minnedosa ; J. L. Bowman, E. N. McGirr, Dauphin.



From Court of Appeal for Manitoba.


[1st May, 1923.)

Right of actionForeign administrationPromissory notes

Situs-Action in Manitoba-Auxiliary probate.

[ocr errors]

C., domiciled in Massachusetts, died there leaving among the assets of her estate promissory notes payable to her order, but not indorsed. The maker lived in Manitoba. The Probate Court of Massachusetts appointed P. administrator of C.'s estate.

Held, affirming the judgment of the Court of Appeal (32 Man. R. 108), that the situs of the notes was in Massachusetts being transferable by acts done solely there, and the administrator or his transferee alone could sue on them.

Held also, that the administrator could maintain an action against the maker in the Manitoba courts without taking out auxiliary probate in that province.

Appeal dismissed with costs.

From Court of Appeal for Manitoba.


[1st May, 1923.]

Contract-Pulpood Agreement by employer for re-sale

Knowledge of contract - Measure of Damages-Monies retained until completion.

W. entered into a contract to supply a paper company with 3,000 cords of pulpwood at eight dollars per cord with permission to continue cutting on the same terms up to a specific date. W. had previously made a contract with M., who agreed to deliver 4,000 cords at six dollars. M. was informed of the first mentioned contract, though not of all its terms. At the end of the season M. was more than 1,400 cords short of the quantity he agreed to deliver.

Held, that as no default by W. was proved he is entitled to recover from M. damages for non-perfomance by the latter of his

« PreviousContinue »